Allowed

Shiv Chandra Singh v. The State of Bihar

Patna HC5 Nov 2019CR. APP (SJ)/4695/2019

Case brief

AI extract

What is this about?

Appeal against refusal of anticipatory bail in a SC/ST Act case. Court allowed appeal, set aside impugned order, and granted bail with specific conditions and sureties to the appellants pending a trial for alleged caste-based assault.

What did the court decide?

Impugned order setting aside and appellants enlarged on bail by furnishing a bond of Rs. 10,000 each with two sureties of like amount.

Shiv Chandra Singh Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4695 of 2019

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Arising Out of PS. Case No.-316 Year-2019 Thana- KHAJANCHI HAT District- Purnia

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SHIV CHANDRA SINGH S/o Late Jodhi Singh R/o Village- Naya Tola Thadha, P.S.- K. Hat (Maranga), District- Purnea

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Shiv Dayal Singh S/o Sri Ram Lalan Singh R/o village- Naya Tola Thadha, P.S.- K. Hat (Maranga), District- Purnea

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Niranjan Kumar @ Niranjan Singh S/o Late Lal Deo Singh R/o villageNaya Tola Thadha, P.S.- K. Hat (Maranga), District- Purnea

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Ram Sundar Singh @ Sundar Singh S/o Late Machhu Singh R/o villageNaya Tola Thadha, P.S.- K. Hat (Maranga), District- Purnea

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

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For the Appellant/s : Mr.Amit Kumar Anand For the Respondent/s : Mr.Binay Krishna

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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2 05-11-2019

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Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 27.09.2019 passed by learned 1^st Additional Sessions Judge cum Special Judge (SC/ST Act), Purnea in connection with K. Hat (Maranga) P.S. Case No. 316 of 2019 registered under Sections 147, 148, 149, 341, 323, 325, 379,

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Patna High Court CR. APP (SJ) No.4695 of 2019(2) dt.05-11-2019 2/3

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504, 506 of the Indian Penal Code and Section 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Over row of honking by the sons of the informant namely Rahul Paswan and Shankar Paswan, 10 named accused persons including the appellants and 15-20 unknown miscreants assaulted them and slated them in the name of their caste. When the informant rushed in their rescue, they also slated her in the name of her caste and assaulted her.

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It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. As a matter of fact, the sons of the informant namely Rahul Paswan and Shankar Paswan had teased three girls in course of regressing to their house from coaching and the appellants had intervened the occurrence. Regarding the said occurrence, uncle of the girl has lodged K. Hat (Maranga) P.S. Case No.315 of 2019 against the sons of the informant. Informant has lodged this false and frivolous case against the appellants as they had intervened the aforesaid occurrence. The allegation levelled against the appellants is not specific rather general and omnibus in nature. The injury sustained by the victims are simple in nature. Though altogether 30 accused persons were present at the place

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Patna High Court CR. APP (SJ) No.4695 of 2019(2) dt.05-11-2019 3/3

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of occurrence but informant has not disclosed in specific as to who slated them in the name of their caste. Appellants have no criminal antecedent.

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Learned Spl. PP for the State opposed the prayer for bail.

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In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge cum Special Judge (SC/ST Act), Purnea in connection with K. Hat (Maranga) P.S. Case No.316 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and this appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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amit/-

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U T

Shiv Chandra Singh v. The State of Bihar

Case brief

What is this about?

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Shiv Chandra Singh v. The State of Bihar

Case brief

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